Lawrence
Lawrence v. City & County of San Francisco
Opinion
Lead Opinion
Mariajames, J.
ORDER RE: MOTION FOR SUMMARY JUDGMENT
Re: Dkt. No.
INTRODUCTION
Pending before the Court is the Motion for Summary Judgment filed by Defendants the City and County of San Francisco (the “City”), San Francisco Police Department (“SFPD”) Officer Christa Peters, and SFPD Officer Daniel Bonnel (collectively, “Defendants”). Dkt. No. 99. Plaintiff Emil Lawrence (“Plaintiff’) filed an Opposition (Dkt. No. 1Í0) and Defendants filed a Reply (Dkt. No. 117). Having considered the parties’ positions, the relevant legal authority, and the record in this case, the Court GRANTS IN PART and DENIES IN PART Defendants’ Motion for the following reasons.
MATERIAL FACTS
A. Plaintiff’s Detention
Karen Waksman filed an Incident Report with the SFPD alleging that her iPad had been stolen from a restaurant located at 1480 Fillmore Street, San Francisco, California on December 21, 2011. 1 Ceballo Deck, Ex. B (“Incident Report”), Dkt. No. 101. The Incident Report identifies Plaintiff as the person suspected of taking her iPad. Id.
On January 2,2012, Waksman called 911 to report that the pérson who stole her iPad had returned to the restaurant. Ce-ballo Deck, Ex.‘ C (“Dispatch Report”). Peters and…